• Section 1 - Purpose of Policy
• Section 2 - Application and Scope
• Section 3 - Principles
• Section 4 - Policy Statement
• Section 5 - Support First
• Section 6 - Taking Action
• Section 7 - Making a Disclosure to UOW
• Section 8 - Making a Formal Report to UOW
• Section 9 - Reporting to Police
• Section 10 - UOW’s obligation to report to Police
• Section 11 - Other External Avenues
• Section 12 - Witness Intervention
• Section 13 - Breach of this Policy
• Section 14 - Recordkeeping, data collection, privacy
• Section 15 - Roles and Responsibilities
• Section 16 - Dissatisfaction with UOW’s response under this Policy
• Section 17 -  
• Section 18 - Sexual Harm Response Policy Guidance Flowchart- Appendix 1
• Section 19 - Definitions

Section 1 - Purpose of Policy

(1) The purpose of this Policy is to:

1. promote a safe and respectful university community that is free from all forms of unwanted sexual behaviours;
2. identify and describe and define unwanted sexual behaviours, constituting Sexual Harm;
3. provide details of the support and guidance available to individuals involved in incidents of Sexual Harm;
4. define the reporting options available within, or external to, UOW; and
5. outline UOW’s response to dealing with allegations of Sexual Harm, Vexatious Action or Retaliatory Action by current Staff, Students or Affiliates.

Section 2 - Application and Scope

(2) This Policy applies to current, recent or historic incidents involving Sexual Harm.

(3) This Policy applies to:

1. Disclosures by any member of the UOW Community;
2. Formal Reports to UOW where allegations have been made against current Staff, Students and Affiliates in any of the following circumstances:
   1. in attendance on any UOW owned or occupied property or facility;
   2. using UOW equipment or resources (e.g. communication technologies, vehicles, facilities);
   3. in attendance at a UOW event, function or activity;
   4. participating in any activity as a representative or student of UOW (e.g. field trips, practicums, conferences, sporting trips, community meetings, participation in UOW affiliated clubs etc.);
   5. carrying out functions in connection with a UOW-endorsed activity, including at places external to UOW premises (e.g. at a licensed premises, private residence, in the street);
   6. outside of UOW where there is a significant or substantial connection to the employment at UOW;
   7. other special circumstances relating to educational institutions, including participating in any activity or carrying out functions in connection with their position at UOW where they come into contact with staff, students or affiliates of a separate educational institution.

(4) UOW’s Child Protection Policy outlines additional obligations in relation to the protection of people under 18 years of age.

(5) This Policy is to be read in conjunction with the Sexual Harassment Prevention Policy.

Section 3 - Principles

(6) UOW is committed to:

1. promoting a culture of safety, dignity, courtesy and mutual respect for all members of the UOW Community;
2. ensuring that individual wellbeing and the reduction of harm are key considerations in any response to Sexual Harm;
3. dealing with incidents involving Sexual Harm in a manner that is underpinned by Trauma Informed principles;
4. encouraging individuals who have experienced behaviour which may constitute Sexual Harm, to notify UOW as soon as possible so that appropriate support and guidance may be provided;
5. responding to all Disclosures and Formal Reports to UOW in a sensitive, fair, confidential and timely manner, to the extent possible, following the principles of Natural Justice.

(7) UOW acknowledges that Sexual Harm can be experienced by any individual or group regardless of their characteristics including age, race, sexual orientation, gender identity, gender expression, intersex status, marital or relationship status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction, social origin, disability or physical or mental disability.

Section 4 - Policy Statement

(8) UOW is committed to promoting appropriate standards of conduct in order to provide a safe and respectful community free from all forms of unwanted sexual behaviours.

(9) UOW does not accept and will not tolerate the following behaviour:

1. Sexual Harm, Vexatious Action or Retaliatory Action as defined in this Policy;
2. behaviour which induces another person to carry out Sexual Harm, Vexatious Action or Retaliatory Action;

(10) Current Staff, Students or Affiliates must not engage in behaviour as described at clause 9.

(11) A breach of clause 10 may constitute misconduct pursuant to UOW codes, policies and procedures and be subject to disciplinary action. Refer to section 13 of this Policy for further information.

(12) UOW strongly encourages the reporting of behaviour as described at clause 9 of the Policy.

(13) Staff and Affiliates have a responsibility to report to their manager, supervisor or appropriate Specialist Area any behaviour as described at clause 9 of this Policy.

(14) Supervisors and managers have an obligation to take appropriate action to prevent the occurrence or continuation of behaviour as described at clause 9 of this Policy.

(15) A guidance flowchart summarising UOW’s response as detailed throughout this Policy is attached at Appendix A.

Section 5 - Support First

(16) UOW is committed to making its priority the safety and wellbeing of all individuals involved in incidents of Sexual Harm.

(17) In an emergency, individuals who have experienced or become aware of incidents of Sexual Harm are encouraged to:

1. call an emergency service such as police or ambulance on triple zero 000; or
2. contact UOW Security on +61 2 4221 4900 or raise an emergency alert through UOW’s SafeZone app. UOW will respond and contact the appropriate emergency service where required; or
3. go to the nearest hospital emergency department where medical and counselling support may be provided.

(18) Staff, Students or Affiliates travelling internationally for UOW business or coursework may seek emergency assistance by contacting UOW’s travel risk provider. Contact details can be found at https://www.uow.edu.au/about/services/financial-services/frequently-asked-questions/.

(19) UOW strongly encourages all individuals involved in incidents of Sexual Harm to seek support in the first instance. Support and assistance may be sought from UOW as well as relevant external services.

(20) Individuals involved in incidents of Sexual Harm are encouraged to seek support from the following internal and/or external support services:

1. Safe and Respectful Communities Team: Students may contact the SARC Team on 4221 3344 / sarc-uow@uow.edu.au
2. Student Counselling Service: Students may contact UOW’s Counselling Service at Counselling Services - University of Wollongong – UOW or https://www.uow.edu.au/student/support-services/counselling/sexual-assault-support/ and can call or text UOW’s free 24 hour Student Wellbeing Support Line (call 1300 036 149 or text 0488 884 164)
3. Employee Assistance Provider: Staff and certain Affiliates may contact UOW’s Employee Assistance Provider for either over the phone or face-to-face counselling at https://www.uow.edu.au/about/services/safe-at-work/well-at-work/healthy-mind/employee-assistance-program/

1. External Support Services: Visit UOW’s Safe and Respectful Communities support page located at http://uow.info/respect for a list of external support services.

(21) A Translating and Interpreting Service (TIS) is available for those individuals who prefer to provide information in their native language -1300 655 010. Website: TIS

(22) Some incidents of Sexual Harm may constitute a criminal offence. Individuals are encouraged to contact police to report alleged criminal offences. Refer to section 9 of this Policy for further information. NSW police also offer an online Sexual Assault Reporting Option (SARO) form for individuals to make a record of what occurred without making a Formal Report.

Section 6 - Taking Action

(23) UOW is committed to embracing Trauma Informed principles and a compassionate, Victim-Centric Approach when responding to incidents involving Sexual Harm. UOW recognises the importance of minimising the number of times an individual has to make a Disclosure.

(24) Individuals involved in incidents of Sexual Harm are encouraged to reach out to UOW for support and assistance.

(25) Where appropriate and only where an individual feels safe and confident enough to do so, they may wish to raise their concern directly with the other party involved with the alleged Sexual Harm. This may include talking to the other party or sending an email explaining the effect of the conduct and asking for it to stop.

(26) Staff and Affiliates may also choose to report the matter to their manager or supervisor, where appropriate.

(27) Where the individual feels it is not appropriate, or has taken steps as per clause 25 and/or clause 26 but wishes to take further action then they may choose to either:

1. make a Disclosure (refer to section 7 of this Policy); or
2. lodge a Formal Report to UOW (refer to section 8 of this Policy).

(28) Individuals who become aware of behaviour as described at clause 9 of this Policy are encouraged to notify UOW, make a Disclosure or take action as discussed at section 12 of this Policy.

(29) Making a Disclosure does not automatically result in a Formal Report to UOW being initiated. There may be some circumstances where UOW may be required to take certain action. (Refer to clause 35 for further detail).

(30) All parties involved in incidents of Sexual Harm may have the support of another person (such as a personal friend, family member, UOW Counsellor, Student or Staff). However, the role of the support person is not to act as a representative or an advocate. 

(31) All parties involved in making a Disclosure or lodging a Formal Report to UOW are expected to maintain confidentiality and respect the privacy of all individuals.

Section 7 - Making a Disclosure to UOW

(32) Individuals involved in, or become aware of, incidents of Sexual Harm should contact the below Specialist Areas to make a Disclosure:

1. Students may contact UOW’s Safe and Respectful Communities team via sarc-uow@uow.edu.au or on +61 2 4221 3344.
2. Staff and Affiliates may contact:
   1. The Employment Relations Unit or a relevant Staff member in the Human Resources Division via employment-relations@uow.edu.au or on +61 2 4221 5902.

(33) A Disclosure may also be made via the following alternate avenues:

1. UOW’s online portal at https://www.uow.edu.au/about/governance/complaints-management/ for electronic lodgement;
2. any member of Staff in the first instance. The Staff member should then refer the Disclosure to their manager or the Specialist Area for appropriate action, where relevant.

(34) Anonymous Disclosures may be made via any of the above contact avenues. However, UOW’s ability to respond may be limited.

(35) UOW will, to the extent possible, respect the right of an individual to choose how to take forward a Disclosure. However, there may be some circumstances where UOW (via the relevant Specialist Area) may be required to take certain action including:

1. where a Disclosure has been made which indicates a risk of harm to any individual, UOW may refer the matter to UOW Security and/or the HR Division (for staff-related matters) and/or a relevant external agency such as police for action. UOW may, where appropriate, inform the individual who has made the Disclosure of the action required to be taken.
2. UOW may also refer a Disclosure to a relevant external agency such as police where it has a legal obligation to do so. UOW may, where appropriate, inform the individual who made the Disclosure of the action required to be taken. UOW’s legal obligation to inform police of an incident involving Sexual Harm is discussed at section 10 of this Policy.

(36) When a Disclosure is made, Staff within the appropriate Specialist Area (as noted at clause 34) will:

1. explain available internal or external support services in the first instance;
2. provide assistance to ensure understanding of the available options. This may include making a Formal Report to UOW or reporting to a relevant external agency where appropriate;
3. encourage an individual who has experienced Sexual Harm to report any incidents that may constitute a criminal offence to police;
4. provide explanation of UOW’s investigation processes and possible outcomes;
5. provide information and support available such as UOW’s special consideration process for Students regarding their studies;
6. consider appropriate measures to minimise any potential for harm or discomfort such as consideration of emergency accommodation, relocation, possible change in subject timetables for Students and leave and safety plans for Staff and Affiliates;
7. explain UOW’s duty of care and/or legal obligations where applicable, such as reporting to police or a relevant external agency.

Section 8 - Making a Formal Report to UOW

(37) UOW is committed to investigating all Formal Reports to UOW of allegations of behaviour as described at clause 9 of this Policy, made against any current Staff, Student or Affiliate in the circumstances as outlined in this policy. However, there may be some circumstances where UOW may not be able to investigate a Formal Report to UOW.

(38) Examples of the circumstances where UOW may not be able to investigate a Formal Report to UOW include where:

1. there is insufficient information to enable an investigation to be carried out;
2. the allegation is made against an individual who falls outside the scope of this Policy;
3. the Formal Report is not made by the individual who has experienced the behaviour as described at clause 9 of this Policy;
4. the Formal Report is lodged as an anonymous report; or
5. the individual who lodged the Formal Report does not wish the substance of the allegation to be made known to the alleged party. 

(39) Where UOW decides that it will not investigate a Formal Report to UOW, it may, where appropriate, inform the individual who lodged the Formal Report to UOW of its decision and will provide appropriate support and referral pathways.

(40) UOW strongly encourages individuals who have experienced behaviour as described at clause 9 of this Policy to lodge a Formal Report to UOW via the following Specialist Areas: 

1. UOW’s Safe and Respectful Communities Team sarc-uow@uow.edu.au or on +61 2 4221 3344 (for students).
2. Employment Relations or a relevant Staff member in the People and Culture Division via employment-relations@uow.edu.au or on +61 2 4221 5902 (for staff and affiliates);
3. UOW’s online portal at https://www.uow.edu.au/about/governance/complaints-management/ for electronic lodgement (students, staff or affiliates);
4. UOW’s Complaints Management Centre via email at uow-complaints@uow.edu.au or on +61 2 4221 5170 (students, staff or affiliates).

(41) Anonymous Formal Reports to UOW may be made via any of the above avenues. However, UOW’s ability to respond may be limited and UOW may not be able to investigate the matter.

(42) Where an allegation of Sexual Harm may be identified as a criminal offence, individuals will be encouraged to report the matter to police. Refer to section 9 of this Policy for further information.

(43) Where a Formal Report to UOW is lodged and an investigation is initiated, UOW’s relevant Specialist Area will investigate the matter for the purpose of determining whether the behaviour, if proven, amounts to misconduct under its existing Staff and Student UOW codes, policies and procedures. Any such investigation will be managed in accordance with those codes, policies and procedures which may include (but are not limited to):

1. For Students: Student Conduct Rules and Student Conduct in Residences Policy;
2. For Staff and Affiliates: Relevant UOW policies such as the University Code of Conduct and Bullying Prevention Policy.

(44) There may be some circumstances where the Specialist Area may be required to take certain action including:

1. Where a Formal Report to UOW has been made which indicates a risk of harm to any individual, UOW may refer the matter to UOW Security and/or the People and Culture Division (in cases involving Staff and Affiliates) and/or a relevant external agency for appropriate action. UOW may, where appropriate, inform the individual who has lodged the Formal Report of the action required to be taken.
2. UOW may also refer a Formal Report to UOW to the police or a relevant external agency where it has a legal obligation to do so. UOW may, where appropriate, inform the individual who made the Formal Report to UOW regarding the referral to an external agency. UOW’s legal obligation to inform police of an incident involving Sexual Harm is discussed at section 10 of this Policy.

(45) Where an allegation of Sexual Harm is referred to, or lodged with, an external agency for investigation, UOW may choose to not commence, or to suspend its investigation of a Formal Report to UOW, until those external investigations have concluded. UOW may take interim measures to safeguard the parties involved in an allegation of Sexual Harm. Failure to comply with interim measures may result in disciplinary action in accordance with UOW’s codes, policies and procedures.

(46) Outcomes of Formal Reports to UOW will be determined in accordance with relevant UOW codes, policies and procedures and may include (but are not limited to):

1. education and training strategies to ensure that Staff, Students and Affiliates are aware of appropriate standards of conduct;
2. disciplinary action, where a finding of misconduct has been made against a current Student, Staff or Affiliate (refer to section 13 of this Policy);
3. identification of any changes/improvement opportunities to UOW codes, policies and procedures, training or contractual arrangements;
4. referral to police or relevant external agency.

Section 9 - Reporting to Police

(47) Individuals are encouraged to contact police to report alleged criminal offences. The options involving police include:

1. Make a Formal Report to police only.
   1. An individual may choose to report the incident to police and have the matter formally investigated by police only. However, where UOW is made aware of an incident, there may be some instances where UOW may have a responsibility to take certain action, depending on the nature of the allegation and any potential risk of harm to other UOW Community members. Section 10 of this Policy provides details of the circumstances where UOW is required to report to police.
   2. UOW is committed to supporting the welfare of all persons involved in incidents of Sexual Harm and implementing interim measures where appropriate.
2. Make a Formal Report to police and UOW.
   1. An individual may choose to report an incident to police as well as lodge a Formal Report to UOW. Where a criminal investigation or judicial proceedings are likely to commence or are ongoing, UOW may choose to not commence or to suspend its investigation until it has received appropriate advice from the police regarding their investigation process and/or judicial proceedings process. Regardless, UOW will continue to support the welfare of all persons involved and implement interim measures where appropriate.
   2. Where, following a police investigation, a decision has been made by the police to take no further action, or where judicial proceedings have completed (regardless of the outcome), UOW may still proceed with its investigation process as discussed at clause 43.
   3. Where a Staff, Student or Affiliate is convicted of a criminal offence or accepts a police caution in relation to behaviour that falls within the scope of this Policy, the conviction/caution may be taken into consideration by UOW when proceeding with its investigation as discussed at clause 43.

Section 10 - UOW’s obligation to report to Police

(48) An individual who has experienced Sexual Harm has the right to choose not to report the matter to police, but may wish to lodge a Formal Report with UOW only. UOW supports the rights of individuals in deciding not to report to police.

(49) In some circumstances, UOW may be obliged to report the matter to police in accordance with its obligations under s.316(1) of the Crimes Act 1914. The obligation to notify police occurs where UOW:

1. knows or believes that an offence punishable by imprisonment for 5 years or more has been committed by another person; and
2. knows or believes that the information it holds may be of material assistance in securing the apprehension or prosecution of a person who UOW believes may have committed a serious indictable offence.

(50) However, UOW is not obliged to report to the matter to police if it has a reasonable excuse for not reporting. The following requirements of s.316(1A) of the Crimes Act 1914 must be satisfied to establish a reasonable excuse:

1. the information held by UOW of the kind set out in clause 49 relates to a sexual offence or domestic violence offence;
2. the person who has experienced the harm is 18 or over at the time the information is obtained; and,
3. UOW believes on reasonable grounds that the person does not wish the information to be reported to the police.

Section 11 - Other External Avenues

(51) In addition to NSW Police, individuals who wish to lodge a Formal Report of an incident of Sexual Harm may do so via a relevant external agency such as the NSW Anti-Discrimination Board or the Australian Human Rights Commission. UOW encourages Staff, Students and Affiliates to lodge a Formal Report to UOW in the first instance.

(52) Where a Formal Report is lodged with an external agency for investigation, UOW may choose to not commence, or to suspend its investigation of a Formal Report to UOW, until those external investigations have concluded. Where appropriate, outcomes of external investigations may be taken into consideration by UOW.

(53) During the course of an external investigation, UOW may undertake appropriate actions in accordance with its codes, policies and procedures and may also take interim actions to safeguard all parties involved in allegations of Sexual Harm.

Section 12 - Witness Intervention

(54) Without putting oneself or others in danger, UOW encourages and values reasonable intervention by members of the UOW Community to prevent or stop behaviour as described at 5.2 of this Policy, from occurring or continuing. If required, contact UOW Security on +61 2 4221 4900 for assistance or raise an emergency alert through UOW’s SafeZone app.

Section 13 - Breach of this Policy

(55) Allegations of behaviour, as described at clause 9 of this Policy, by current Staff, Students and Affiliates may, if proven, constitute misconduct pursuant to UOW codes, policies and procedures and be subject to disciplinary action. The standard of proof to be satisfied in any investigation involving an allegation of behaviour as described at clause 9 of this Policy is ‘on the balance of probabilities’.

(56) For current Students:

1. Allegations of behaviour, as described at clause 9 of this Policy will be managed in accordance with the Student Conduct Rules, Student Conduct in Residences Policy and associated procedures;
2. Where a finding of misconduct has been made, disciplinary action may be taken in accordance with the Student Conduct Rules, Student Conduct in Residences Policy and associated procedures depending on the nature and severity of the breach.

(57) For current Staff and Affiliates:

1. Allegations of behaviour, as described at clause 9 of this Policy will be managed in accordance with the relevant staff-related policies and processes.
2. Where a finding of misconduct is made, disciplinary action may be taken in accordance with those policies and processes.

(58) Disciplinary action may include, but is not limited to, formal warning or reprimand, re-training, suspension, exclusion, expulsion or in the case of Staff and Affiliates, may include termination of employment or engagement.

(59) Any disciplinary action taken by UOW may be in addition to the outcomes from any criminal proceedings or actions from relevant external agencies.

Section 14 - Recordkeeping, data collection, privacy

(60) UOW will take all reasonable steps to ensure that information relating to Disclosures and Formal Reports to UOW are handled in a confidential manner and in accordance with its privacy obligations, unless an exception applies under law.

(61) The collection and use of an individual’s personal information will be limited, to the extent that is reasonably necessary, in order to deal with the Disclosure or Formal Report in line with UOW’s relevant policies and processes.

(62) Information will not be released outside UOW, unless the individual to whom the information relates provides consent, or the release is otherwise permitted or authorised under law, such as where:

1. it is necessary to prevent a serious and imminent threat to the life, health or safety of any individual; or
2. UOW has a legal obligation to release the information, such as under subpoena; or
3. there is a legal requirement to report to relevant agencies, such as NSW Police.

(63) Records relating to Disclosures and Formal Reports to UOW will be retained in accordance with UOW’s Records Management Policy.

(64) Non-identifying information will be used by UOW to monitor trends on campus, inform our support strategies and design educational and preventative campaigns.

Section 15 - Roles and Responsibilities

(65) Students are responsible for complying with this Policy and other associated policies and legislation, where relevant.

(66) Staff and Affiliates are responsible for:

1. complying with this Policy and other associated policies and legislation, where relevant;
2. providing support to individuals, where appropriate, in response to behaviour as described at clause 9;
3. reporting any behaviour described at clause 9 of this Policy to their manager, supervisor or the Specialist Area (as described at clause 32).

(67) Senior Executives, Executive Deans, Associate Deans, Directors, Unit Heads, Managers and Supervisors are responsible for:

1. taking all reasonable steps to promote the elimination of behaviour described at 5.2 of this Policy in the workplace;
2. modelling acceptable standards of conduct;
3. taking appropriate action to prevent the occurrence or continuation of behaviour as described at clause 9 of this Policy, in circumstances as outlined in the Application and Scope section of this Policy;
4. treating all incidents involving Sexual Harm seriously, whether observed or reported, and taking immediate action to resolve the matter in accordance with UOW’s codes, policies and procedures;
5. engaging with the appropriate Specialist Area to obtain information and guidanc Where the matter may be particularly complex or serious, it is to be referred to the Specialist Area.
6. understanding their obligations under this Policy.

(68) Employment Relations (or relevant Staff member) in the People and Culture Division is the Specialist Area responsible for:

1. providing appropriate information and guidance regarding Staff and Affiliate-related incidents of behaviour as described at clause 9 of this Policy;
2. managing Disclosures and/or Formal Reports to UOW lodged directly with the Employment Relations Unit by Staff and Affiliates, as detailed in this Policy; and
3. managing Disclosures and/or Formal Reports to UOW which have been referred by managers, where the matter may be particularly complex or serious.

(69) The Safe and Respectful Communities team is the Specialist Area responsible for:

1. handling Disclosures and/or Formal Reports to UOW by Students, as detailed in this Policy;
2. providing appropriate information and guidance regarding Student-related incidents of behaviour as described at clause 9 of this Policy;
3. data management, education and training.

(70)  UOW Security is responsible for:

1. managing UOW emergency response to incidents involving Sexual Harm;
2. responding to initial reports of incidents involving Sexual Harm.

(71) Other roles and responsibilities are as detailed throughout this Policy.

Section 16 - Dissatisfaction with UOW’s response under this Policy

(72) Members of the UOW Community who are dissatisfied with UOW’s handling of a report of behaviour as described at clause 9 of this Policy may lodge a formal complaint via the Complaints Management Centre online portal at https://www.uow.edu.au/about/governance/complaints-management/.

Section 17 -  

Section 18 - Sexual Harm Response Policy Guidance Flowchart- Appendix 1

(73) This flowchart should be used as a guide only. Refer to the Sexual Harm Response Policy document for details and definitions of terms.

Section 19 - Definitions

(74) Where available, definitions and terms have been sourced from NSW legislation including Crimes Act 1914 and Age Discrimination Act 2004.